SENATE JOURNAL EIGHTY-SECOND LEGISLATURE REGULAR SESSION AUSTIN, TEXAS PROCEEDINGS

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1 SENATE JOURNAL EIGHTY-SECOND LEGISLATURE REGULAR SESSION AUSTIN, TEXAS PROCEEDINGS THIRTY-NINTH DAY (Thursday, April 7, 2011) The Senate met at 10:17 a.m. pursuant to adjournment and was called to order by Senator Eltife. The roll was called and the following Senators were present:iibirdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini. The Presiding Officer announced that a quorum of the Senate was present. Father Albert Laforet, Jr., Saint Mary Cathedral, Austin, offered the invocation as follows: Almighty God, source of wisdom and truth, we come seeking Your gifts to aid this assembly in their work for the people of Texas. Protect and guide the people of our state that they might always enjoy Your abundant blessings. We entrust to Your mercy and goodness all of our needs. May Your blessings come to all who work here and to all the people of the State of Texas. Amen. Senator Whitmire moved that the reading of the Journal of the proceedings of the previous day be dispensed with and the Journal be approved as printed. The motion prevailed without objection. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas Thursday, April 7, The Honorable President of the Senate Senate Chamber Austin, Texas Mr. President: I am directed by the House to inform the Senate that the House has taken the following action:

2 976 82nd Legislature Regular Session 39th Day THE HOUSE HAS PASSED THE FOLLOWING MEASURES: HB 444 Creighton Relating to notification of applications for permits for certain injection wells. HB 571 Huberty Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; providing penalties. HB 610 Zerwas Relating to certain notices sent by the Texas Commission on Environmental Quality. HB 645 Orr Relating to the information required to be included on a form for an application for an exemption from ad valorem taxation of property owned by a charitable organization. HB 675 Lucio III Relating to football helmet safety requirements in public schools. HB 690 Martinez Fischer Relating to the punishment for the offense of graffiti. HB 755 Cook Relating to eligibility of certain dependents for coverage under the state employee group benefits program. HB 849 Miller, Sid Relating to notice of an application for a permit to dispose of oil and gas waste in a commercial disposal well; creating an offense. HB 942 Dukes Relating to an exemption for school districts from security for court costs and appeal bond. HB 989 Kolkhorst Relating to the listing of a business location of certain businesses in print advertisements or on Internet websites. HB 1300 Guillen Relating to funding for state sites and programs of the Parks and Wildlife Department through private contributions and partnerships and to commercial advertising on certain state sites. HB 1405 Smithee Relating to provision by a health benefit plan of prescription drug coverage specified by formulary. HB 1732 Ritter Relating to the applicability of the constitutional limit on state debt payable from the general revenues of the state to bonds issued by the Texas Water Development Board. HB 2124 Workman Relating to victim notification regarding the release of a defendant who was acquitted by reason of insanity in a criminal case.

3 Thursday, April 7, 2011 SENATE JOURNAL 977 HB 2154 Eiland Relating to certain continuing education requirements for agents who sell Medicare-related products and annuities. SCR 40 Fraser Recognizing Wayne and Eileen Hurd for their contributions to the Horseshoe Bay community. Respectfully, /s/robert Haney, Chief Clerk House of Representatives MESSAGES FROM THE GOVERNOR The following Messages from the Governor were read and were referred to the Committee on Nominations: April 6, 2011 Austin, Texas TO THE SENATE OF THE EIGHTY-SECOND LEGISLATURE, REGULAR SESSION: I ask the advice, consent and confirmation of the Senate with respect to the following appointments: To be members of the Texas Industrialized Building Code Council for terms to expire Februaryi1, 2013: Robert L. Bowling, IV El Paso, Texas (Mr. Bowling is being reappointed) Roland L. Brown Midlothian, Texas (Mr. Brown is being reappointed) Scott A. McDonald Canyon, Texas (replacing Ravi Shah of The Colony whose term expired) Douglas O. Robinson Coppell, Texas (replacing Mark Delaney of Tomball whose term expired) Rolando R. Rubiano Harlingen, Texas (Mr. Rubiano is being reappointed) Larry E. Wilkinson Friendswood, Texas (Mr. Wilkinson is being reappointed)

4 978 82nd Legislature Regular Session 39th Day To be members of the Texas State Board of Examiners of Professional Counselors for terms to expire Februaryi1, 2017: Glynda Corley Round Rock, Texas (Ms. Corley is being reappointed) Etienne H. Nguyen Houston, Texas (replacing Jaa St. Julien of Houston whose term expired) Lauren Polunsky Dreszer San Antonio, Texas (replacing Michelle Eggleston of Amarillo whose term expired) To be members of the Credit Union Commission for terms to expire Februaryi15, 2017: Manuel Cavazos, IV Austin, Texas (Mr. Cavazos is being reappointed) Sherri Kay Brannon Merket Midland, Texas (replacing Pete Snow of Texarkana whose term expired) Gary Tuma Sugar Land, Texas (replacing Barbara Sheffield of Sugar Land whose term expired) Respectfully submitted, /s/rick Perry Governor SENATE RESOLUTION 688 Senator Birdwell offered the following resolution: WHEREAS, The Senate of the State of Texas is pleased to recognize April 7, 2011, as Texas State Technical College Day at the State Capitol; and WHEREAS, Since the establishment of Texas State Technical College in 1965, more than 82,000 graduates of this outstanding institution have taken their places in the workforce; the college system has grown to include colleges in Harlingen, Marshall, and Waco and a West Texas college that has campuses in Abilene, Breckenridge, Brownwood, and Sweetwater, and partnerships with 55 colleges, school districts, and industry have further broadened the system s offerings; and WHEREAS, Texas State Technical College is the only state-supported, two-year technical college system in Texas; it serves students from 220 of the state s 254 counties, including many who live in rural areas with limited access to institutions of higher education or workforce training; nearly 15,000 students are enrolled in its affordable, career-specific for-credit programs each year, and thousands more receive ongoing vocational training; and

5 Thursday, April 7, 2011 SENATE JOURNAL 979 WHEREAS, Texas State Technical College offers more than 120 associate of applied science degrees and certificates and provides innovative, customized training to persons already employed or who are seeking employment in Texas industries; and WHEREAS, Many of the college s programs emphasize emerging technologies and vocational trades to help Texas meet the growing need for a highly trained workforce in an economy with global connections; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby commend the administrators, faculty, and staff of Texas State Technical College for their many contributions to education and economic development in Texas and their dedication to helping students become skilled workers and leaders of the future; and, be it further RESOLVED, That a copy of this Resolution be prepared for them as an expression of high regard from the Texas Senate. BIRDWELL ESTES DUNCAN FRASER ELTIFE LUCIO SR 688 was again read. The resolution was previously adopted on Monday, April 4, GUESTS PRESENTED Senator Birdwell, joined by Senators Estes, Fraser, and Lucio, was recognized and introduced to the Senate a Texas State Technical College System delegation: Mike Reeser, Chancellor; Randall Wooten, Marshall President; Cesar Maldonado, Harlingen President; Elton Stuckly, Waco President; and Gail Lawrence, West Texas President. The Senate welcomed its guests. PHYSICIAN OF THE DAY Senator Davis was recognized and presented Dr. Ricky Dale Edwards of Fort Worth as the Physician of the Day. The Senate welcomed Dr. Edwards and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians. SENATE RESOLUTION 696 Senator Watson offered the following resolution: SR 696, Recognizing April 7, 2011, as BCL of Texas Day at the State Capitol. The resolution was read and was adopted without objection. GUESTS PRESENTED Senator Watson was recognized and introduced to the Senate a Business and Community Lenders of Texas delegation:iimargie Moore, David Hensley, Guy Perry, Chris Robles, Rosa Rios Valdez, Celine Thomasson, La Kisha Fredricks, and Flor Esquivel. The Senate welcomed its guests.

6 980 82nd Legislature Regular Session 39th Day INTRODUCTION OF BILLS AND RESOLUTIONS POSTPONED The Presiding Officer, Senator Eltife in Chair, announced that the introduction of bills and resolutions on first reading would be temporarily postponed. There was no objection. CONCLUSION OF MORNING CALL The Presiding Officer at 10:37 a.m. announced the conclusion of morning call. SENATE BILL 937 ON SECOND READING Senator Lucio moved to suspend the regular order of business to take up for consideration CSSBi937 at this time on its second reading: CSSB 937, Relating to priorities for restoration of electric service following an extended power outage. The motion prevailed. Senators Hegar and Nichols asked to be recorded as voting "Nay" on suspension of the regular order of business. The bill was read second time. Senator Lucio offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 937 (senate committee report) in SECTION 1 of the bill, in added Section , Utilities Code (page 1, between lines 31 and 32), by inserting the following subsection and redesignating subsequent subsections accordingly: (c)iithe rules adopted by the commission under Subsection (b) must allow an electric utility to exercise the electric utility s discretion to prioritize power restoration for a facility after an extended power outage in accordance with the facility s needs and with the characteristics of the geographic area in which power must be restored. The amendment to CSSB 937 was read and was adopted by a viva voce vote. All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No.i1 except as follows: Nays:iiHegar, Nichols. On motion of Senator Lucio and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 937 as amended was passed to engrossment by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to engrossment except as follows: Nays:iiHegar, Nichols.

7 Thursday, April 7, 2011 SENATE JOURNAL 981 SENATE BILL 937 ON THIRD READING Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi937 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi28, Naysi3. Yeas:iiBirdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hinojosa, Huffman, Jackson, Lucio, Nelson, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, VanideiPutte, Watson, West, Whitmire, Williams, Zaffirini. Nays:iiHegar, Nichols, Wentworth. Reason for Vote Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule: I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi937, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on CSSBi937 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct. WENTWORTH The bill was read third time and was passed by the following vote:iiyeasi29, Naysi2. Yeas:iiBirdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hinojosa, Huffman, Jackson, Lucio, Nelson, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini. Nays:iiHegar, Nichols. SENATE BILL 1153 ON SECOND READING On motion of Senator Williams and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi1153 at this time on its second reading:

8 982 82nd Legislature Regular Session 39th Day CSSB 1153, Relating to the authority of the Public Utility Commission of Texas to participate in certain proceedings before the Federal Energy Regulatory Commission. The bill was read second time and was passed to engrossment by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to engrossment. SENATE BILL 1153 ON THIRD READING Senator Williams moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi1153 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi30, Naysi1. Nays:iiWentworth. Reason for Vote Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule: I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi1153, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on CSSBi1153 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct. WENTWORTH The bill was read third time and was passed by the following vote:iiyeasi31, Naysi0. SENATE BILL 1047 ON SECOND READING Senator Jackson moved to suspend the regular order of business to take up for consideration CSSBi1047 at this time on its second reading: CSSB 1047, Relating to the eligibility of an innovation and commercialization organization associated with the Lyndon B. Johnson Space Center to receive funding from the Texas emerging technology fund. The motion prevailed.

9 Thursday, April 7, 2011 SENATE JOURNAL 983 Senators Birdwell, Nichols, and Shapiro asked to be recorded as voting "Nay" on suspension of the regular order of business. The bill was read second time and was passed to engrossment by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to engrossment except as follows: Nays:iiBirdwell, Nichols, Shapiro. SENATE BILL 1047 ON THIRD READING Senator Jackson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi1047 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi27, Naysi4. Yeas:iiCarona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Ogden, Patrick, Rodriguez, Seliger, Uresti, VanideiPutte, Watson, West, Whitmire, Williams, Zaffirini. Nays:iiBirdwell, Nichols, Shapiro, Wentworth. Reason for Vote Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule: I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi1047, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on CSSBi1047 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct. WENTWORTH The bill was read third time and was passed by the following vote:iiyeasi28, Naysi3. Yeas:iiCarona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Ogden, Patrick, Rodriguez, Seliger, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini. Nays:iiBirdwell, Nichols, Shapiro.

10 984 82nd Legislature Regular Session 39th Day SENATE RESOLUTION 707 Senator Uresti offered the following resolution: SR 707, Recognizing Brandon Allen, Kelsey Bruce, Haley Hale, Ayland Letsinger, and Josh Smith for their achievements as student-athletes for Brackett High School. The resolution was read and was adopted without objection. GUESTS PRESENTED Senator Uresti was recognized and introduced to the Senate students from Brackett High School in Brackettville: Brandon Allen, Haley Hale, and Ayland Letsinger. The Senate welcomed its guests. SENATE BILL 1613 ON SECOND READING On motion of Senator Ogden and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi1613 at this time on its second reading: CSSB 1613, Relating to the application of the public meetings and public information laws to public power utilities. The bill was read second time and was passed to engrossment by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to engrossment. SENATE BILL 1613 ON THIRD READING Senator Ogden moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi1613 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi30, Naysi1. Nays:iiWentworth. Reason for Vote Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule: I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi1613, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on CSSBi1613 would have occurred on the next legislative day, allowing for Texans to have learned through

11 Thursday, April 7, 2011 SENATE JOURNAL 985 news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct. WENTWORTH The bill was read third time and was passed by the following vote:iiyeasi31, Naysi0. GUESTS PRESENTED Senator Hegar was recognized and introduced to the Senate a Fort Bend County delegation: representing Fulshear, Mayor Thomas Kuykendall, Alderman Stephen Gill, and City Administrator C. J. Snipes; representing Simonton, Mayor Daniel McJunkin and Mayor Pro Tempore Jane Stockton; representing Weston Lakes, Mayor Mary Rose Zdunkewicz, Mayor Pro Tempore Clifton Aldrich, and Alderman Trent Thomas. The Senate welcomed its guests. GUESTS PRESENTED Senator Uresti was recognized and introduced to the Senate Winkler County and Kinney County delegations. The Senate welcomed its guests. SENATE BILL 293 ON SECOND READING On motion of Senator Watson and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 293 at this time on its second reading: CSSB 293, Relating to telemedicine medical services, telehealth services, and home telemonitoring services provided to certain Medicaid recipients. The bill was read second time. Senator Watson offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 293 (senate committee printing) as follows: (1)iiIn SECTION 1 of the bill, in added Section (4-a), Government Code (page 1, line 19), strike "home health agency as defined" and substitute "home health agency or a hospital, as those terms are defined". (2)iiIn SECTION 3 of the bill, strike added Section (a), Government Code (page 2, line 69, through page 3, line 3), and substitute the following: (a)iiin this section: (1)ii"Home health agency" means a facility licensed under Chapter 142, Health and Safety Code, to provide home health services as defined by Section , Health and Safety Code.

12 986 82nd Legislature Regular Session 39th Day (2)ii"Hospital" means a hospital licensed under Chapter 241, Health and Safety Code, that provides home health services as defined by Section , Health and Safety Code. (3)iiIn SECTION 3 of the bill, in added Section (c)(2), Government Code (page 3, line 27), strike "home health agency" and substitute "home health agency or hospital". The amendment to CSSB 293 was read and was adopted by a viva voce vote. All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No.i1. On motion of Senator Watson and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 293 as amended was passed to engrossment by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to engrossment. SENATE BILL 293 ON THIRD READING Senator Watson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi293 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi30, Naysi1. Nays:iiWentworth. Reason for Vote Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule: I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi293, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on CSSBi293 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct. WENTWORTH The bill was read third time and was passed by the following vote:iiyeasi31, Naysi0.

13 Thursday, April 7, 2011 SENATE JOURNAL 987 SENATE BILL 201 ON SECOND READING On motion of Senator Uresti and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi201 at this time on its second reading: CSSB 201, Relating to the calculation of ad valorem taxes on the residence homestead of a 100 percent or totally disabled veteran for the tax year in which the veteran qualifies or ceases to qualify for an exemption from taxation of the homestead. The bill was read second time and was passed to engrossment by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to engrossment. SENATE BILL 201 ON THIRD READING Senator Uresti moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi201 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi30, Naysi1. Nays:iiWentworth. Reason for Vote Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule: I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi201, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on CSSBi201 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct. WENTWORTH The bill was read third time and was passed by the following vote:iiyeasi31, Naysi0. SENATE BILL 1719 ON SECOND READING Senator Williams moved to suspend the regular order of business to take up for consideration SBi1719 at this time on its second reading:

14 988 82nd Legislature Regular Session 39th Day SB 1719, Relating to certain comprehensive development agreements of the Texas Department of Transportation. The motion prevailed. Senator Fraser asked to be recorded as voting "Nay" on suspension of the regular order of business. The bill was read second time and was passed to engrossment by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to engrossment except as follows: Nays:iiFraser. SENATE BILL 1719 ON THIRD READING Senator Williams moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi1719 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi29, Naysi2. Yeas:iiBirdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, VanideiPutte, Watson, West, Whitmire, Williams, Zaffirini. Nays:iiFraser, Wentworth. Reason for Vote Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule: I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider SBi1719, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on SBi1719 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct. WENTWORTH The bill was read third time and was passed by the following vote:iiyeasi30, Naysi1. Nays:iiFraser.

15 Thursday, April 7, 2011 SENATE JOURNAL 989 SENATE BILL 501 ON SECOND READING Senator West moved to suspend the regular order of business to take up for consideration CSSBi501 at this time on its second reading: CSSB 501, Relating to the disproportionality of certain groups in the juvenile justice, child welfare, health, and mental health systems and the disproportionality of the delivery of certain services in the education system. The motion prevailed. Senators Hegar and Ogden asked to be recorded as voting "Nay" on suspension of the regular order of business. The bill was read second time. Senator West offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 501 (senate committee report) in SECTION 1 of the bill, in added Section 2.002(a), Human Resources Code (page 2, between lines 13 and 14), by inserting the following new subdivision and renumbering subsequent subdivisions accordingly: (6)iione representative of the criminal justice division of the governor s office appointed by the governor; The amendment to CSSB 501 was read and was adopted by a viva voce vote. All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No.i1 except as follows: Nays:iiHegar, Ogden. On motion of Senator West and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 501 as amended was passed to engrossment by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to engrossment except as follows: Nays:iiHegar, Ogden. SENATE BILL 501 ON THIRD READING Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi501 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi28, Naysi3. Yeas:iiBirdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Patrick, Rodriguez, Seliger, Shapiro, Uresti, VanideiPutte, Watson, West, Whitmire, Williams, Zaffirini. Nays:iiHegar, Ogden, Wentworth.

16 990 82nd Legislature Regular Session 39th Day Reason for Vote Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule: I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi501, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on CSSBi501 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct. WENTWORTH The bill was read third time and was passed by the following vote:iiyeasi29, Naysi2. Yeas:iiBirdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Patrick, Rodriguez, Seliger, Shapiro, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini. Nays:iiHegar, Ogden. GUESTS PRESENTED Senator Hegar was recognized and introduced to the Senate a group of college students studying construction at Texas A&M University, The University of Texas at El Paso, Prairie View A&M University, and Texas Tech University. The Senate welcomed its guests. SENATE BILL 285 ON SECOND READING Senator Harris moved to suspend the regular order of business to take up for consideration CSSBi285 at this time on its second reading: CSSB 285, Relating to exempting certain judicial officers from certain requirements for obtaining or renewing a concealed handgun license and to the authority of certain judicial officers to carry certain weapons. The motion prevailed. Senator Zaffirini asked to be recorded as voting "Nay" on suspension of the regular order of business. The bill was read second time and was passed to engrossment by a viva voce vote.

17 Thursday, April 7, 2011 SENATE JOURNAL 991 All Members are deemed to have voted "Yea" on the passage to engrossment except as follows: Nays:iiZaffirini. SENATE BILL 285 ON THIRD READING Senator Harris moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi285 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi29, Naysi2. Yeas:iiBirdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, VanideiPutte, Watson, West, Whitmire, Williams. Nays:iiWentworth, Zaffirini. Reason for Vote Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule: I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi285, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on CSSBi285 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct. WENTWORTH The bill was read third time and was passed by the following vote:iiyeasi30, Naysi1. Nays:iiZaffirini. NOMINATION RETURNED On motion of Senator Deuell and by unanimous consent, the Senate agreed to grant the request of the Governor to return the following nomination: Member, Board of Directors, Lower Colorado River Authority:iiBobbyiL. Limmer, Llano County.

18 992 82nd Legislature Regular Session 39th Day SENATE BILL 693 ON SECOND READING On motion of Senator Estes and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi693 at this time on its second reading: CSSB 693, Relating to permit application and amendment hearings conducted by groundwater conservation districts and the State Office of Administrative Hearings. The bill was read second time and was passed to engrossment by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to engrossment. SENATE BILL 693 ON THIRD READING Senator Estes moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi693 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi30, Naysi1. Nays:iiWentworth. Reason for Vote Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule: I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi693, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on CSSBi693 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct. WENTWORTH The bill was read third time and was passed by the following vote:iiyeasi31, Naysi0. SENATE BILL 326 ON SECOND READING On motion of Senator Duncan and by unanimous consent, the regular order of business was suspended to take up for consideration SBi326 at this time on its second reading:

19 Thursday, April 7, 2011 SENATE JOURNAL 993 SB 326, Relating to the exemption from ad valorem taxation of certain tangible personal property stored temporarily at a location in this state. The bill was read second time and was passed to engrossment by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to engrossment. SENATE BILL 326 ON THIRD READING Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi326 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi30, Naysi1. Nays:iiWentworth. Reason for Vote Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule: I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider SBi326, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on SBi326 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct. WENTWORTH The bill was read third time and was passed by the following vote:iiyeasi31, Naysi0. GUESTS PRESENTED Senator Hinojosa was recognized and introduced to the Senate the Corpus Christi West Oso High School boys basketball team. The Senate welcomed its guests. GUESTS PRESENTED Senator Jackson was recognized and introduced to the Senate a Galveston County delegation. The Senate welcomed its guests.

20 994 82nd Legislature Regular Session 39th Day PERMISSION TO INTRODUCE BILLS (Motion In Writing) On motion of Senator Whitmire and by unanimous consent, Senate Rule 7.07(b) was suspended to permit the introduction of the following bills: SB 1892, SB 1893, SB SENATE BILLS ON FIRST READING The following bills were introduced, read first time, and referred to the committees indicated: SB 1892 by Zaffirini Relating to the Bexar County district courts. To Committee on Jurisprudence. SB 1893 by Zaffirini Relating to the appointment of a court reporter by criminal law magistrates, civil law associate judges, and juvenile law masters in Bexar County. To Committee on Jurisprudence. SB 1894 by Zaffirini Relating to proceedings that may be referred to and the powers of a criminal law magistrate in Bexar County. To Committee on Jurisprudence. SB 1895 by Hegar Relating to director elections and powers of the Texana Groundwater Conservation District. To Committee on Natural Resources. HOUSE BILLS AND RESOLUTION ON FIRST READING The following bills and resolution received from the House were read first time and referred to the committees indicated: HB 92 to Committee on Agriculture and Rural Affairs. HB 314 to Committee on Transportation and Homeland Security. HB 315 to Committee on Intergovernmental Relations. HB 370 to Committee on Education. HB 378 to Committee on Transportation and Homeland Security. HB 434 to Committee on Health and Human Services. HB 451 to Committee on Natural Resources. HB 591 to Committee on Transportation and Homeland Security. HB 612 to Committee on Agriculture and Rural Affairs. HB 613 to Committee on Agriculture and Rural Affairs. HB 646 to Committee on Transportation and Homeland Security. HB 1130 to Committee on Education. HB 1674 to Committee on Jurisprudence. HCR 45 to Committee on Administration.

21 Thursday, April 7, 2011 SENATE JOURNAL 995 SENATE BILL 20 ON SECOND READING Senator Williams moved to suspend the regular order of business to take up for consideration CSSBi20 at this time on its second reading: CSSB 20, Relating to a grant program for certain natural gas motor vehicles. The motion prevailed. Senators Birdwell and Patrick asked to be recorded as voting "Nay" on suspension of the regular order of business. The bill was read second time and was passed to engrossment by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to engrossment except as follows: Nays:iiBirdwell, Patrick. SENATE BILL 20 ON THIRD READING Senator Williams moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi20 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi28, Naysi3. Yeas:iiCarona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Rodriguez, Seliger, Shapiro, Uresti, VanideiPutte, Watson, West, Whitmire, Williams, Zaffirini. Nays:iiBirdwell, Patrick, Wentworth. Reason for Vote Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule: I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi20, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on CSSBi20 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct. WENTWORTH

22 996 82nd Legislature Regular Session 39th Day The bill was read third time and was passed by the following vote:iiyeasi29, Naysi2. Yeas:iiCarona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Rodriguez, Seliger, Shapiro, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini. Nays:iiBirdwell, Patrick. (President in Chair) RESOLUTIONS SIGNED The President announced the signing of the following enrolled resolutions in the presence of the Senate:iiHCRi64, HCRi65, HCRi150. SENATE BILL 980 ON SECOND READING Senator Carona moved to suspend the regular order of business to take up for consideration CSSBi980 at this time on its second reading: CSSB 980, Relating to communications services and markets. The motion prevailed. Senator Harris asked to be recorded as voting "Nay" on suspension of the regular order of business. The bill was read second time. Senator Carona offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 980 (senate committee report) as follows: (1)iiIn SECTION 3 of the bill, in added Section (d)(9), Utilities Code (page 2, line 45), strike "assessment or collection of a" and substitute "assessment, administration, collection, or enforcement of any". (2)iiIn SECTION 22(b) of the bill (page 7, line 28), strike "Not earlier than January 2, 2012, the" and substitute "The". (3)iiIn SECTION 22(b) of the bill, after the period (page 7, line 32), insert "The commission may not initiate a proceeding to review the Texas High Cost Universal Service Plan before January 2, 2012." The amendment to CSSB 980 was read and was adopted by a viva voce vote. All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1 except as follows: Nays:iiHarris. On motion of Senator Carona and by unanimous consent, the caption was amended to conform to the body of the bill as amended. CSSB 980 as amended was passed to engrossment by a viva voce vote.

23 Thursday, April 7, 2011 SENATE JOURNAL 997 All Members are deemed to have voted "Yea" on the passage to engrossment except as follows: Nays:iiHarris. SENATE BILL 980 ON THIRD READING Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi980 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi29, Naysi2. Yeas:iiBirdwell, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Rodriguez, Seliger, Shapiro, Uresti, VanideiPutte, Watson, West, Whitmire, Williams, Zaffirini. Nays:iiHarris, Wentworth. Reason for Vote Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule: I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi980, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on CSSBi980 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct. WENTWORTH The bill was read third time and was passed by the following vote:iiyeasi30, Naysi1. Nays:iiHarris. SENATE BILL 714 ON SECOND READING Senator Patrick moved to suspend the regular order of business to take up for consideration CSSBi714 at this time on its second reading: CSSB 714, Relating to the exemption of certain property from municipal drainage service charges and from related ordinances, resolutions, and rules.

24 998 82nd Legislature Regular Session 39th Day The motion prevailed by the following vote:iiyeasi30, Naysi1. Nays:iiWentworth. The bill was read second time and was passed to engrossment by the following vote:iiyeasi30, Naysi1.ii(Same as previous roll call) SENATE BILL 714 ON THIRD READING Senator Patrick moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi714 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi30, Naysi1. Nays:iiWentworth. Reason for Vote Senator Wentworth submitted the following reason for vote on suspension of the Constitutional Three-day Rule: I cast a "No" vote on the procedural motion to suspend the Constitutional Rule requiring that bills be read on three several days in order to take up and consider CSSBi714, because in my judgment no circumstance exists in this case to justify the extraordinary act of suspending a requirement of the Texas Constitution. The suspension of this Constitutional Rule has the direct and immediate effect of denying the people of Texas knowledge and notice of the passage of this measure until it has already been finally passed on third reading. Were we to have followed the requirement of the Texas Constitution, third reading and a vote on CSSBi714 would have occurred on the next legislative day, allowing for Texans to have learned through news reports of our second reading vote exactly what we had tentatively passed. Third reading and a vote on the next legislative day would also have allowed our professional staff an opportunity overnight to make sure any amendments passed on second reading are technically correct. WENTWORTH The bill was read third time and was passed by the following vote:iiyeasi30, Naysi1.ii(Same as previous roll call) BIRTHDAY GREETINGS EXTENDED Senator Shapiro was recognized and, on behalf of the Senate, extended birthday greetings to Senator Ellis. MOTION TO PLACE SENATE BILL 354 ON SECOND READING Senator Wentworth moved to suspend the regular order of business to take up for consideration CSSBi354 at this time on its second reading: CSSB 354, Relating to the carrying of concealed handguns on the campuses of and certain other locations associated with institutions of higher education.